Sch 1 para 9
(1) A question as to whether a person had a disability at a particular time (“ the relevant time ”) is to be determined, for the purposes of section 6, as if the provisions of, or made under, this Act were in force when the act complained of was done had been in force at the relevant time. (2) The relevant time may be a time before the coming into force of the provision of this Act to which the question relates.